5th Circuit Blog

Daily Round-Up (July 29, 2014)

By Razvan Ungureanu on July 29, 2014

Published Opinions:

  • Potts v. Chesapeake Exploration, L.L.C., No. 13-10601 - Oil and Gas - where royalty provision in a lease provied for royalties at "market value at the point of sale . . . free of all costs and expenses related to . . . exploration, production and marketing," including transportation costs, post-production costs incurred between the sale of the gas to an affiliate at the wellhead and the sale of the gas to unafiliated purchasers downstream were properly deducted before arriving at the sales value on which the royalties were based, even though the lease provided for royalties "based on sales . . . to unrelated third parties at prices arrived at through arms length negotiations."  


  • Celtic Marine Corp. v. James C. Justice Co., No. 13-30712 - Contracts - parties did not agree to amend contract by email where they had not agreed to "conduct transactions by electronic means," as required by the Louisiana Uniform Electronic Transactions Act; under Louisiana law, course of conduct of accepting late payments under a settlement agreement was not waiver of the agreement's acceleration clause where there was no evidence that payor was ready to pay on time and paid late because the payee created the impression that late payment was acceptable.


  • Jackson Women's Health Org., et. al v. Currier, No. 13-60599 - Constitutional Law/Abortion - a Mississippi law that effectively closed the only abortion clinic in the state was unconstitutional as applied to that clinic because it imposed an undue burden on a woman's right to obtain an abortion in Mississippi; the fact that women could travel to neighboring states to obtain abortions was of no constitutional significance because the undue burden analysis focuses on a law's effects within the borders of the regulating state. 


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